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Saturday, Oct. 31, 2009

State high court backs Atwater's wastewater treatment plan

ATWATER -- A legal challenge that could've stalled construction of Atwater's planned multimillion-dollar wastewater treatment plant was struck down by the California Supreme Court in mid-October, according to court filings.

The case, filed by Robert Friesen, a resident near the planned site on Bert Crane Road, and a group called the Valley Advocates, contended the city failed to fully disclose the plant's impacts and failed to adequately look into alternatives for the project.

"The court has found for the city on all points in contention and rejected this late attempt to stall a project that will have very significant environmental benefits for the city," the city's attorney in the case, Julia Bond, said in a statement.

"The group did not challenge the vast majority of the environmental analysis for this project nor the city's environmental process, but rather sought to block it on a number of technical arguments that the court rejected."

Those technical arguments, according to Richard Harriman, representing the plaintiffs in the case, include several faults in the city's environmental impact study process. The city didn't disclose the effects the plant's storm-water discharge may have on neighboring wetlands, he said. It also failed to look into building a decentralized wastewater treatment system that could be built as the city grows -- instead of one large plant.

However, according to the filings, the court found that the city had adequately looked into the alternatives to a centralized plant and didn't find them feasible. It also said the city's environmental review of the project found there would be no substantial impacts from flooding or drainage problems at the site.

In addition, the ruling said plaintiffs failed to make their objections to the project at the appropriate time in the environmental review process.

Judge Carol Ash made her tentative ruling on the case Oct. 20. The plaintiffs have until Nov. 4 to appeal the ruling.

Harriman said he hasn't decided if he will appeal the ruling.

While city leaders were pleased with the outcome of the case, they said they've been moving forward with their plans, despite the litigation.

City Manager Greg Wellman said the city has already received six bids for the project. Construction on the plant could start next year. The lowest bid received -- $41 million -- was well below the costs projected by the project's engineers, he said.

The city must build the new plant, which will have a capacity of six million gallons a day, to comply with state and federal water quality laws, said Wellman.

Reporter Jonah Owen Lamb can be reached at (209) 385-2484 or jlamb@mercedsun-star.com.